Decree of the Minister for Foreign Affairs No. 84 / 1961 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of India on Air Services
Valid
Effective from 07.06.1961
84
DECLARATION
Minister for Foreign Affairs
of 27 July 1961
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of India on Air Services
On 19 September 1960 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of India on Air Services was signed in Prague.
The Government of the Czechoslovak Socialist Republic approved the Agreement on 2 December 1960. The instrument of approval was replaced in New Delhi on 7 June 1961.
Pursuant to Article XIV thereof, the Agreement entered into force on 7 June 1961.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
between
Government of the Czechoslovak Socialist Republic and Government of India on Air Services
The Government of the Czechoslovak Socialist Republic and the Government of India, hereinafter referred to as the "Contracting Parties,"
led by the wish to conclude an agreement for the purpose of operating air services,
they have agreed as follows:
The Contracting Parties shall grant each other the rights set out in this Agreement and its Annex for the purpose of operating agreed air services.
1. The air services agreed may be started immediately or at a later date, at the request of the Contracting Party granting rights under this Agreement and its Annexes, provided that:
(a) the Contracting Party which is granted the rights shall designate an air carrier for the operation of the agreed air services;
(b) the other Contracting Party shall issue to the designated airline the relevant operating permit.
2. Each Contracting Party shall have the right to refuse the designation of an air undertaking and to refuse or withdraw the granting of the rights referred to in this Agreement and its Annex to an air undertaking, or to lay down for the exercise of those rights the conditions it deems necessary, unless it is satisfied that a substantial part of the ownership and actual management of the designated air undertaking belongs to the other Contracting Party or its members.
1. The designated aeronautical undertaking of one Contracting Party shall have the right to use in the territory of the other Contracting Party:
(a) for transport purposes, public airports at the places specified in the Annex to this Agreement and public ancillary services on specified routes;
(b) in the event of an emergency or need for a divergent landing of an aerodrome and ancillary services available for that purpose.
2. The laws, regulations and instructions of one Contracting Party relating to the entry or exit of aircraft or air services in international air traffic within or from its territory, or to the operation of such aircraft or air services in that territory, shall apply to aircraft and the agreed air services of the designated air undertaking of the other Contracting Party.
1. The designated airline of each of the Contracting Parties will have the same and equal rights to operate air services between the territories of the Contracting Parties.
2. Capacity, frequency, type of aircraft and type of air service, such as a transit or an end-of-flight in the territory of the other Contracting Party, operated by the designated airline of each Contracting Party on a specified flight route, shall be agreed primarily between the designated airlines and shall take effect only after approval by the aviation authorities. If one of the Contracting Parties does not designate an air undertaking or designated airlines cannot agree, the air authorities shall endeavour to reach an agreement and, if they fail, the Contracting Parties shall agree on the matter.
3. Any increase in capacity or frequency or change in the type of aircraft or type of air service operated by the designated airline of each of the Contracting Parties shall be agreed primarily between the designated airlines and shall be subject to approval by the aviation authorities, mainly on the basis of the third and fourth freedoms and any additional traffic rights which would be jointly agreed and determined. If one of the Contracting Parties does not designate an air undertaking or designated airlines cannot agree, the air authorities shall endeavour to reach an agreement and, if they fail, the Contracting Parties shall agree on the matter. Pending such an agreement or arrangement, the existing arrangements shall remain in force.
The designated aeronautical undertaking of each Contracting Party shall be entitled to maintain in the territory of the other Contracting Party technical and commercial personnel in the number considered appropriate by the Contracting Parties to the air services operated.
1. The air authorities of the two Contracting Parties shall exchange information on the permits normally issued to the relevant designated air carrier for operating air services in the territory, through or from the territory of the other Contracting Party, including changes, additions and exemptions.
2. Each Contracting Party shall ensure with its designated air undertaking that it provides the air authorities of the other Contracting Party, as soon as possible, with the establishment of flight schedules and tariffs, including all changes, and all other usual information concerning the operation of the agreed air services, including those data which the air authorities may require to demonstrate that the conditions of this Agreement are duly fulfilled.
3. Each of the Contracting Parties shall ensure that, for its designated air undertaking, it presents to the air authority of the other Contracting Party the statistics on transport carried out each month in air services in the territory or territory of the other Contracting Party and at the places of loading and unloading in such transport.
Stocks of propellants, lubricating oil, spare parts, normal aircraft equipment and air supplies imported or taken on board an aircraft in the territory of one Contracting Party by an undertaking designated by the other Contracting Party and remaining on board when leaving the last landing point in that territory shall be subject, as far as customs duties, inspection fees and similar charges are concerned, to a procedure no less favourable than that applied by the other Contracting Party to other foreign airlines performing similar international air services. However, none of the Contracting Parties shall be obliged to allow the designated airline of the other Contracting Party an exemption or relief in customs duties, inspection fees or similar charges if that other Contracting Party does not allow the exemption or relief of such benefits to the designated airline of the first Contracting Party.
Each Contracting Party reserves the right to refuse or revoke an operating permit or to lay down for operation such conditions as it considers necessary where the designated air undertaking of the other Contracting Party does not comply with the laws and regulations of the first Contracting Party or where, in the view of that Contracting Party, the conditions under which rights under this Agreement are granted are not complied with. If it is not a case of infringements of laws and regulations, such action shall be taken only after consultation between the Contracting Parties.
In order to ensure compliance with the principles and compliance with the provisions laid down in this Agreement, the aviation authorities of both Contracting Parties shall conduct consultations when requested by the aviation authorities of any Contracting Party. Such consultations shall begin within 60 days of the date of receipt of the request.
1. Each Contracting Party may at any time propose to the other Contracting Party any amendment to this Agreement which it considers necessary, the negotiation of the proposed amendment being initiated within 60 days of the date of receipt of the request to the other Contracting Party.
2. If one of the aviation authorities considers it necessary to amend the Annex to this Agreement, the aviation authorities of the two Contracting Parties may agree directly to make such a change. The provisions laid down in paragraph 1 of this Article for the opening of negotiations on amendments to the Agreement shall apply to amendments to the Annex.
3. Any amendments to this Agreement agreed by the negotiations referred to in paragraph 1 of this Article shall take effect as soon as they are confirmed by the exchange of diplomatic notes between the Parties.
1. If any dispute arises between the Contracting Parties on the interpretation or implementation of this Agreement, it shall be resolved by mutual action.
2. If any dispute arises on the interpretation or implementation of the Annex to this Agreement, the air authorities of the Contracting Parties shall endeavour to resolve it by mutual action and, if this fails, the dispute shall be submitted to the Contracting Parties for resolution.
3. If the Parties fail to resolve the dispute by negotiation, each Party may restrict, deny or revoke any rights granted under this Agreement.
For the purposes of this Agreement:
(a) the terms "territory," "air service," "international air service" and "air undertaking" shall have meaning for them in the Convention on International Civil Aviation, open for signature in Chicago on 7 December 1944;
(b) in the case of the Czechoslovak Socialist Republic, the term "aviation authorities" shall mean the Ministry of Transport and Communications, the Aviation Department and, in the case of India, the Director-General of Indian Civil Aviation and, in both cases, any department or person authorised to perform the functions currently carried out by those authorities;
(c) the terms "agreed air services" and "scheduled flight routes" shall mean international air services and lines listed in the Annex to this Agreement;
(d) the term "designated air undertaking" shall mean an air undertaking designated by one Contracting Party to the other Contracting Party as operating the agreed air services.
Annex to this The Agreement will be considered as part of the Agreement and any references to the "Agreement 'will also mean references to the" Annex', unless expressly provided otherwise.
1. This Agreement shall be subject to ratification or approval in accordance with the provisions of the Contracting Parties and an exchange of the instrument of ratification and a note of approval shall be made as soon as possible.
2. This Agreement shall enter into force on the date of the replacement of the instrument of ratification and approval notes.
3. Each Contracting Party may at any time notify the other Contracting Party of its intention to terminate this Agreement. This notification shall be communicated simultaneously to the International Civil Aviation Organisation. If such termination is given, the Agreement shall expire 12 (12) months after the date on which the other Contracting Party receives notification of termination if the notice of termination is not withdrawn by mutual agreement before the expiry of that period. If the other Contracting Party does not confirm receipt of the statement, the notice of denunciation shall be deemed to have been received 14 (14) days from the date on which the notification was delivered to the International Civil Aviation Organisation.
To prove the signed agents who were duly empowered by their governments, they signed this Agreement.
Dane in Prague on 19 September 1960 in duplicate in the Czech, Hindi and English languages, all three texts being equally valid except in case of doubt when the English text is decisive.
For the Government
Czechoslovak Socialist Republic:
Karel Štekl v. r.
For the Government of India:
B. K. Acharya v. r.
ANNEX
1. The airline designated by the Government of the Czechoslovak Socialist Republic will operate the following route:
Czechoslovakia - place in Switzerland, places in South-East Europe, place in Italy, places in the United Arab Republic, places in West Asia, place in Pakistan, place in India and those places beyond India, which would be agreed by the air authorities of the Contracting Parties.
2. Under the conditions laid down in this Agreement and its Annex, an airline designated by the Government of the Czechoslovak Socialist Republic shall have:
(a) the right to dispose in India of passengers, goods and mail intended for Czechoslovakia or other countries;
(b) the right to land in India passengers, goods and mail loaded in the Czechoslovak territory or in the territory of other States;
(c) the right to omit landing at any given location if the services start in the Czechoslovak territory.
1. The airline designated by the Government of India will operate the following route:
India, a place in Pakistan, a place in western Asia, a place in the United Arab Republic, a place in Italy, a place in south-eastern Europe, a place in Switzerland, a place in Czechoslovakia, and those places beyond Czechoslovakia, which would be agreed by the air authorities of the Contracting Parties.
2. Under the conditions laid down in this Agreement and its Annex, an airline designated by the Government of India shall have:
(a) the right to dispose of passengers, goods and mail intended for India or other countries in Czechoslovakia;
(b) the right to land in Czechoslovakia passengers, goods and mail loaded in Indian or other States;
(c) the right to omit landing at any such location if the services start in Indian territory.
1. Tariffs for any agreed air service will be set at an appropriate level, taking into account all relevant factors, including operating costs, reasonable profit, notable features of the service, such as speed and comfort levels, and charges of other airlines on any part of the same route.
2. The tariffs will be agreed between the designated airlines of the Contracting Parties, taking into account the recommendations of the International Air Carrier Association and taking effect after approval by the air authorities.
3. If no agreement can be reached between designated airlines or if one of the air authorities does not approve the tariff, they shall endeavour to reach an agreement between the Contracting Party; If it fails to reach an agreement in this way, it shall continue to be treated in accordance with the provisions of Article XI of this Agreement.
Those air services will be operated by designated airlines of the Contracting Parties under mutual commercial cooperation arrangements or other arrangements agreed upon by the undertakings. The commercial and other issues of this operation will be agreed primarily between the designated airlines and the agreement will be subject to approval by the competent aviation authorities.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 84 / 1961 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of India on Air Services |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.1961 |
|---|---|
| Effective from | 07.06.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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